- (1.) This is an application under section 115 of the Code of Civil Procedure filed by the petitioner Smt. Shaila Sankari Devi on 23.06.1995 challenging the legality and justifiability of the judgment dated 8th April, 1994 passed by the then learned Assistant District Judge, Jangipur in Misc. Appeal No. 1 of 1993.
(2.) The case of the petitioner as narrated in the revisional application runs as follows: The opposite party No. 1 as plaintiff filed a suit being Title Suit No. 232 of 1984 for recovery of possession of the suit premises on revocation of licence against the present petitioner before the then 1st Court of the learned Munsif, Jangipur, Dist. Murshidabad and the said suit was decreed ex-parte on 17.11.1988 in the absence of the petitioner and against that ex-parte decree, the present petitioner filed an application under Order 9 Rule 13 of the Code of Civil Procedure which was registered as Misc. Case No. 114 of 1988 which was dismissed vide Order No. 22 dated 21.07.1992 and against that order the present petitioner filed Misc. Appeal No. 1 of 1993 along with an application under section 5 of the Limitation Act for condonation of four days' delay in filing the said appeal. But the then learned Assistant District Judge, Jangipur vide order dated April 8, 1994 was pleased to dismiss the said Misc. Appeal on the ground that the petitioner did not give any explanation for the four days' delay in filing the said appeal.
(3.) That being aggrieved by and dissatisfied with the impugned judgment and order dated April 8, 1994, the petitioner has filed the revisional application along with an application under section 5 of the Limitation Act on the grounds that the petitioner is an old lady and the learned Assistant District Judge erred in law in not condoning the four days' delay in filing the appeal and also the learned Assistant District Judge did not consider that the delay was due to mistake of the lawyer in not giving her proper advice to give the explanation in the application under section 5 of the Limitation Act and hence the petitioner has filed the revisional application along with an application under section 5 of the Limitation Act praying for condonation of delay in filing the revisional application before this Court.;